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dalgo, Starr, Zapata, Duval and Burnet counties, and to conform the jurisdiction of the district and justices courts of said counties to such change," as relates to the civil jurisdiction of the County Court of Henderson county, be and the same is hereby repealed.

Sec. 2. The County Court of Henderson county shall hereafter have exclusive original jurisdiction in civil cases when the matter in controversy shall exceed in value two hundred dollars, and shall not exceed five hundred dollars, exclusive of interest, and that it shall have concurrent jurisdiction with the district court of said county when the matter in controversy shall exceed five hundred dollars, and not exceed one thousand dollars. Said county court shall have appellate jurisdiction in civil cases over which justices courts have original jurisdiction when the judgment of the court appealed from or the amount in controversy shall exceed twenty dollars, and said county court shall have power to hear and determine cases brought up from the justice's court by certiorari under the provisions of the Title of the Revised Statutes relating thereto.

SEC. 3. The county judge of said county shall have authority either in term time or in vacation, to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said court, and shall have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district courts or the judge thereof.

SEC. 4. Said county court shall have jurisdiction in the forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has jurisdiction.

SEC. 5. Said county court shall have exclusive original jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except in cases in which the highest penalty or fine that may be imposed under the law may not exceed two hundred dollars, and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction.

Sec. 6. The District Court of Henderson county shall no longer have jurisdiction of said cases of which the county court of said county, by the provisions of this Act, has exclusive original or appellate jurisdiction, and it shall be the duty of the clerk of the district court of said county, within thirty days from the passage of this Act, to make a full and complete transcript of all orders on the dockets, and minutes of cases now pending before said district court, of which cases, by the terms of this Act, exclusive jurisdiction is given to said county court, and he shall deliver said transcript together with original papers and certified bill of costs, to the clerk of said court, and said county clerk shall enter said case or cases on the docket for trial by said county court.

SEC. 7. The county court of said county shall hereafter hold its regular terms for civil and criminal business as provided in the Constitution and general laws of this State, and process heretofore issued from the district court of said county in cases to be transferred by this Act to the County Court of Henderson county, shall be returnable to the first term of the county court held after this Act shall go into effect, and all cases transferred shall be entered as appearance cases upon the docket of said county court.

Sec. 8. The County Court of Henderson county shall have, as now, the general jurisdiction appertaining to probate courts for the probate of wills, appointment of guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards and for the issuance of letters testamentary and of administration, settlements of accounts of administrators and guardians, and the settlement and distribution of decedents'estates, and the apprenticeship of minors and all necessary powers conferred by law on courts of probate.

Sec. 9. All laws and parts of laws in conflict with the provisions of this Act, in so far as they relate to Henderson county, are hereby repealed.

Sec. 10. Whereas, the County Court of Henderson county is without the jurisdiction necessary for the just and proper administration of the laws, and the want of such jurisdiction is causing delay of justice in said county, creates an emergency and imperative public necessity requiring the suspension of the Constitutional rule requiring bills to be read on three several days, and said rule is therefore suspended, and it is enacted that this Act shall take effect and be in force from and after its passage.

[NOTE.—The enrolled bill shows that the foregoing Act passed the House, the vote not being given; and passed the Senate by a two-thirds

a vote, yeas 25, nays 0.]

Approved March 8, 1909.
Takes effect ninety days after adjournment.

ROAD SUPERINTENDENTS-AMENDING LAW SO AS NOT TO

EXEMPT JACK COUNTY.

H. B. No. 100.]

CHAPTER 38. An Act to amend Article 4785a, Title XCVII, Chapter 6 of the Revised Statutes of the State of Texas, 1895, so as to leave Jack county out of the list of coun

ties exempted, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Article 4785a, Title XCVII, Chapter 6, of the Revised Statutes of the State of Texas, be so amended as to hereafter read as follows:

Article 4785a. The counties of Grayson, Travis, Houston, Dallas, Limestone, Fayette, Galveston, Cherokee, Gonzales, Wood, Raines, Harrison, Shelby, San Augustine, Sabine, Newton, Jasper, Tyler, Morris, Marion, Victoria, Goliad, Refugio, Aransas, Calhoun, Jackson, De Witt, Hopkins, Comal, Upshur, Blanco, Camp, Gillespie, Lavaca, Parker, Panola, Milam, Lamar, Hill, Smith, Gregg, McLennan, Harris, Was! ington, Titus, Cass, Franklin, Delta, Angelina, Nacogdoches, Bowie, Montgomery, Walker, Trinity, Red River, Henderson, Van Zandt and Tarrant counties are exempted from the provisions of this Chapter; provided, that the county commissioners courts of Dallas and Collin counties may accept and adopt the provisions of this Act in lieu of the Special Acts of Dallas, Collin, Grayson and other counties, if in their judgment its provisions are better suited to Dallas and Collin counties than the said special laws.

. SEC. 2. The fact that there now exists no adequate law authorizing the appointment of a road superintendent of public roads in Jack county, and the urgent need of such officer create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this Act shall take effect from and after its passage, and it is so enacted.

[NOTE.-The enrolled bill shows that the foregoing Act passed the House, and was referred to the Senate, amended and passed by the following vote, yeas 26, nays 0, and that the House concurred in the Senate amendments by the following vote, yeas 101, nays 0.]

Approved March 8, 1909.
Became a law March 8, 1909.

APPROPRIATIONS_REFUNDING UNEARNED PORTION OF

OCCUPATION TAX ON LIQUOR DEALERS' LICENSES. H. B. No. 152.]

CHAPTER 39. An Act appropriating the sum necessary to refund the unearned portion of the

State occupation tax paid upon all liquor dealers' licenses which were unexpired on July 12, 1907, and which were abrogated on that date by the taking effect of Chap. 138 of the General Laws of the Thirtieth Legislature, known

as the Baskin-McGregor Law, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the sum of $350,000, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, for the purpose of refunding and repaying to each and every person, firm, association, or corporation wło, on July 12, 1907, held a State license as a wholesale or retail dealer in spirituous, vinous, or malt liquors or as a wholesale or retail dealer in malt liquors exclusively, under the laws of this State, and who had paid to the State the occupation tax imposed by law therefor for a period which had not at that date expired, (such license being abrogated as of that date, under the decisions of the courts, by the taking effect of Chap. 138 of the General Laws of the Thirtieth Legislature, known as the Baskin-McGregor laws) the unearned portion of such occupation tax. By unearned portion of such occupation tax is meant that proportion of the whole sum of such tax collected by the State which the unexpired portion of the term for which the same was collected as of July 12, 1907, bears to the whole of the term for which such tax was paid.

SEC. 2. It shall be the duty of the Comptroller to draw his warrant upon the State Treasurer in favor of the person, firm, association or corporation to whom such unearned portion is due and payable, on his or their order in payment of the same upon proper proof of their claims therefor being submitted to him under oath, which proof shall be in writing and tiled in the office of the Comptroller. Provided that no sucb person, firm, association or corporation who operated under their old licenses after the taking effect of said Act shall be entitled only to a refund of the unearned portion of such license, after such persons, firms, associations or corporations ceased to operate, under such unexpired license. Provided, that if any licenses which were unexpired on July 12th, 1907, and mentioned in this Act, shall have been sold or assigned, then the vendee or assignee of such license shall have the right to receive and collect all sums of money authorized by this Act to be paid to the person or persons to whom such license or licenses were issued, and it shall be the duty of the Comptroller to draw his warrant in favor of such vendee or assignee for the unearned portion due and payable under such license or licenses, upon the proof required by the provisions of this Act as in other cases, and also upon the filing with the Comptroller the original license so sold or assigned and duly cancelled.

Sec. 3. The fact that those affected by this Act were deprived by the taking effect of the Act of the Thirtieth Legislature herein referred tv, of the right to pursue the occupation for which they had paid the tax imposed by law, for the unexpired portion of such term, and that no equivalent was rendered by the State for such unexpired portion of the tax referred to, constitutes an emergency and an imperative public necessity requiring that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect and be in force from and after its passage, and it is so enacted.

[NOTE.---The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 99, navs 7; and was referred to the Senate, amended and passed by the following vote, yeas 28, nays 0; that the House concurred in Senate amendments by following vote, yeas 109, nays 0, and afterward reconsidered the vote by which Senate amendments were concurred in, and requested appointment of Free Conference Committee, and request was granted; that House adopted report of said Free Conference Committee by the following vote, yeas 108, nays (); and that Senate adopted same report by the following vote, yeas 25, nays 0. That, on February 26, 1909, the House requested return of the bill from the Executive Office for correction, and bill was returned on March 2, 1909; that vote by which Free Conference Committee Report was adopted was reconsidered and another Free Conference was requested on March 3, 1909; that Senate granted request of the House for a Free Conference to correct bill; that report of said Free Conference Committee was adopted by the House by the following vote, yeas 106, nays 2; and was adopted by the Senate by the following vote, veas 26, nays 0.]

Approved March 9, 1909.
Became a law March 9, 1909.

NEPOTISM-DEFINING AND PROHIBITING SAME. S. B. No. 183.]

CHAPTER 40. An Act prohibiting nepotism, except with regard to the appointment or con

firmation of appointment of notaries public; making it unlawful for any officer of this State, or for any officer of any district, county, city, precinct, school district or other municipal subdivision of this State, or for any officer or member of any State, district, county, city, school district, or other municipal board or judge of any court, created by or under authority of any general or special law of this State, to appoint, or to vote for or to confirm, the appointment to any office, position, clerkship, employment or duty, of any person related within the second degree by attinity or within the third degree by consanguinity to the person so appointing or so voting, or to any other member of any such board or court of which such person so appointing or voting may be a member, when the salary, fee, wages, pay or compensation of such appointee is to be paid, directly or indirectly, out of or from public funds or fees of office, or to appoint or vote for the appointment or for confirmation of the appointment to any such office, position, clerkship, employment or duty of any person whose services are to be rendered under his direction or control and to be paid for out of any such public funds or fees of office, and who is related by affinity within the second degree, or by consanguinity within the third degree, to any other officer or person included within any of the provisions of this Act for or upon the consideration, in whole or in part, that such other officer or person has theretofore appointed or voted for the appointment or for the confirmation of the appointment, or will thereafter appoint or vote for the appointment, or for the confirmation of the appointment, to any such office, position, clerkship, employment or duty of any person related within such prohibited degree of affinity or consanguinity, as the case may be, to such officer or other person making such appointment; prohibiting the approval of any account or the drawing of any warrant or order for or payment of any salary, fee, wages or compensation of such ineligible officer or person; prescribing penalties for violation of this Act and procedure for the enforcement of such penalties; prescribing venue in such cases; requiring district and county attorneys to assist the Attorney General, whenever he shall so direct, in quo warranto proceedings under this Act; repealing all laws and parts of laws in conflict with any of the provisions of this Act; and declaring an

emergency Be it enacted by the Legislature of the State of Texas:

SECTION 1. Subject to the exceptions set forth in Section 4 of this Act, it shall hereafter be unlawful for any officer of this State, or for any officer of any district, county, city, precinct, school district or other municipal subdivision of this State, or for any officer or member of any State , district, county, city, school district or other municipal board or judge of_any court, created by or under authority of any general or special law of this State, to appoint, or to vote for or to confirm, the appointment to any office, position, clerkship, employment or duty, of any person related within the second degree by affinity or within the third degree by consanguinity to the person so appointing or so voting, or toany other member of any such board or court of which such person so appointing or voting may be a member, when the salary, fees, wages, pay or compensation of such appointee is to be paid for, directly or indirectly, out of or from public funds or fees of office of any kind or character whatever.

SEC. 2. The inhibitions declared by and set forth in this Act shall apply to and include the Governor, Lieutenant Governor, Speaker of the

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